N.Y.
Public Service Law Section 73
Compensation to customers experiencing widespread prolonged outages
1.
Notwithstanding any other provision of law, in the event that a residential utility customer or a small business customer experiences a widespread prolonged outage lasting at least seventy-two consecutive hours or more without having been resolved by the utility company, the utility company shall:(a)
Provide a credit of twenty-five dollars on the balance of such residential utility customer’s account for each subsequent twenty-four hour period of service outage that occurs for such customers for more than seventy-two consecutive hours after the occurrence of such widespread prolonged outage.(b)
Provide reimbursement of any food spoiled due to lack of refrigeration. Residential utility customers shall provide the utility company an itemized list of all food spoiled or proof of loss of food spoiled within fourteen days of the outage. The utility company shall reimburse the customer within thirty days of the receipt of the itemized list or proof of loss, provided, however, that if the utility company has applied for a waiver pursuant to subdivision three of this section, such utility company shall reimburse the customer within a time period to be determined by the commission after the commission renders a decision on the waiver request. The amount of the reimbursement shall not exceed a total of two hundred thirty-five dollars for customers who provide an itemized list. The amount of the reimbursement for customers who provide proof of loss shall not exceed five hundred forty dollars.(c)
Provide reimbursement of prescription medication spoiled due to lack of refrigeration. Residential utility customers shall provide the utility company with an itemized list and proof of loss of prescription medication due to lack of refrigeration within fourteen days of the outage. The utility company shall reimburse the customer within thirty days of the receipt of the itemized list and proof of loss of prescription medication, provided, however, that if the utility company has applied for a waiver pursuant to subdivision three of this section, such utility company shall reimburse the customer within a time period to be determined by the commission after the commission renders a decision on the waiver request. The amount of the reimbursement shall total no more than the actual loss of perishable prescription medicine.(d)
Provide reimbursement to small business customers for any food spoiled due to lack of refrigeration. Small business customers shall provide the utility company with an itemized list for all food spoiled and proof of loss within fourteen days of the outage. The utility company shall reimburse the small business customer within thirty days of the receipt of the itemized list and proof of loss, provided, however, that if the utility company has applied for a waiver pursuant to subdivision three of this section, such utility company shall reimburse the small business customer within a time period to be determined by the commission after the commission renders a decision on the waiver request. The amount of their imbursement shall not exceed five hundred forty dollars.2.
Any costs incurred by a utility company pursuant to this section shall not be recoverable from ratepayers.3.
Not later than fourteen calendar days after the occurrence of a widespread prolonged outage, a utility company may petition the commission for a waiver of the requirements of this section. The company shall have the burden of demonstrating that granting the waiver is fair, reasonable and in the public interest. In determining whether to grant such waiver, the commission shall consider:(a)
whether the company complied with their submitted emergency response plan pursuant to the provisions of subdivision twenty-one of § 66 (General powers of commission in respect to gas and electricity)section sixty-six of this article;(b)
whether any actions or omissions of the company contributed to the prolonging of the widespread prolonged outage;(c)
the hardships endured by said company’s customers due to the widespread prolonged outage;(d)
the severity of the widespread prolonged outage;(e)
conditions on the ground during the widespread prolonged outage and the subsequent restoration;(f)
balancing of the equities; and(g)
any other criteria the commission deems in the public interest to consider. The commission shall issue a final decision regarding the grant of the requested waiver no later than forty-five days after submission of the petition.4.
The commission shall promulgate procedures, standards, methodologies and rules necessary to implement the provisions of this section. Such rules and regulations shall define the terms “widespread prolonged outage”, “small business customer” and “proof of loss”.
Source:
Section 73 — Compensation to customers experiencing widespread prolonged outages, https://www.nysenate.gov/legislation/laws/PBS/73 (updated Apr. 29, 2022; accessed Apr. 20, 2024).
